PT. Mustika Ratu, Tbk. as a legitimate owner of SLIMMING TEA mark as noted in mark certificate No. 341391 dated on August 11, 1995 and mark certificate No. 328942 dated on October 6, 1993, has raised objection concerning the existence of SPECIAL SLIMMING TEA mark owned by PT. Phyto Kemo Agung Farma, because of the unconformity between the SPECIAL SLIMMING TEA mark is used and circulated in the market, and SPECIAL SLIMMING TEA mark which was registered in mark certificate No. IDM000151837 dated on January 7 2008. Furthermore, SPECIAL SLIMMING TEA products which is circulated in the market has lots of resemblance with with SLIMMING TEA products owned by PT. Mustika Ratu Tbk, which leave an impression there is such similarity among those products. PT. Mustika Ratu Tbk, through Novian & Partners has submitted lawsuit against PT. Phyto Kemo Agung Farma, as Defendant I and Directorate General Intellectual Property Cq. Mark Directorate as Defendant II through Commercial Court at Central Jakarta District Court as noted in case No. 31/Merek/2009/PN.Niaga.Jkt.Pst. Commercial Court at Central Jakarta District Court has given decision on September 2009, with decision among others, as follows: 1. Stating the Plaintiff as the only legitimate owner according to law and the first registrar for SLIMMING TEA mark. 2. Stating SPECIAL SLIMMING TEA mark owned by Defendant I in use is not in accordance with the registered SPECIAL SLIMMING TEA mark. 3. Delete or at least stating to delete the registry of SPECIAL SLIMMING TEA mark on behalf of Defendant I, as registered under brand Certificate No. IDM000151837 dated on January 7 2008, which protect good/service in class 05; 4. Order Defendant II to remove SPECIAL SLIMMING TEA brand on behalf of Defendant I as registered under mark certificate No. IDM000151837 dated on January 7 2008 from General Register of Marks and announce it in Official Gazzete of Marks. 5. Punish Defendant I to pay to pay the case administration fee according to law.
